Guy Carries Gun Open And Legal, Cites Law & Cops Backdown

[DoggyDaddy]

http://freedomoutpost.com/2012/06/guy-carries-gun-open-and-legal-cites-law-cops-backdown/ VIDEO

In an incredible video a man is stopped for carrying a firearm openly and legally in Portland Maine. To his credit, Portland PD officer J. McDonald, was polite. However, He was dead wrong to have stopped the man in question. The conversation was straightforward and not heated, which is how it should be, though this conversation should have never happened since it was not illegal for the man to be carrying his weapon.

Because people have a problem with someone carrying a firearm in public does not make it illegal, nor does it give police the authority to detain someone for doing what is legal.
 
The gentleman cites Delaware v Prouse for being detained without suspicion of any criminal activity.

He then cites US v DeBerry to demonstrate the officer’s reason for detaining him was illegal.

Terry v Ohio is cited because the officer seized his weapon with no reasonable suspicion that the man in question had actually committed a crime.

Finally without reasonable suspicion of committing a crime, the officer then asks for the man’s ID which violates Hiibel v Nevada.

Once the officer’s supervisor arrived, the man appealed to him for his weapon and was given it back and on his way.

Not only should the officer learn these laws so that he will not violate them, but gun owners need to know these laws to protect themselves.

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[C_Hunter]

Of the cases cited, only Prouse bears any relationship to the citizen’s argument.  In that case, the appellant’s conviction for possession of marijuana was overturned due to lack of reasonable cause for the traffic stop which led to the discovery of the drug.
Of the other cases:
•   DeBerry argues that prosecutors were obliged to grant him a downgraded charge in recognition of his acceptance of responsibility for his crime.  The US Court of Appeals of the Seventh Circuit disagreed.  There was no argument regarding illegal stop or search.
•   In Terry, the SCOTUS (notwithstanding Justice Fortas’ dissent) found that a Cleveland police detective was exercising reasonable authority in frisking three citizens who were acting suspiciously outside a business.  The officer’s frisk found that two of the detainees were carrying concealed weapons.
•   Hiibel was arrested when he refused to identify himself to a police officer who was investigating an assault in the vicinity.  Nevada law provides penalties for refusing to provide identification to a sworn police officer.  Nevada’s Sixth Judicial District Court held that such a requirement did not violate Hiibel’s Fifth Amendment rights.
In the case discussed here, there was no crime apparent or discovered.  There was merely a police officer unsure or unaware that open carry was legal

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